Forgotten victims of pollution: 'Nothing we can do about it'

BIRMINGHAM, Ala. — In the shadow of the federal bribery trial in federal court, are the North Birmingham and Tarrant neighborhoods living with polluted air and soil.

ABC 33/40 News spoke with Charles Bulger who has called Collegeville home for 25 years. He's been watching the federal trial and wants more than State Representative Oliver Robinson, who's accused of taking bribes, to face prosecution for betraying the community. "They had a hand in it; they should get it with time and pay restitution," says Bulger.

As part of the EPA clean up of contaminated soil, his front and back yards were filled with new dirt. He wishes he could pack up his family and move, but nobody's buying these homes which are part of the EPA Superfund site.

The EPA report as of June 2018

Total contaminated soil removed from properties within the site boundary: 50,168 tons

Total properties with soil removed to date: 389 properties

Total properties remaining to have soil removed: At least 138 properties

Total cost of removal actions to date: $23 million

The estimated completion date for the project: 2 years

Residents in the affected area whose soil has not been tested can obtain access agreements by visiting the EPA office trailer at the Old Carver High School located at:

3400 33rd Terrace N

Birmingham, AL 35207

Please see the release from the U.S. Attorney's office on Friday's convictions below:

A federal jury today convicted a Birmingham lawyer and an Alabama coal company executive in a scheme to bribe a state legislator to use his office to oppose Environmental Protection Agency actions in north Birmingham, announced U.S. Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp Jr. and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Thomas J. Holloman.

The jury returned its verdicts after deliberating about 12 hours following more than three weeks of testimony before U.S. District Judge Abdul Kallon. The jury found Balch & Bingham partner JOEL IVERSON GILBERT and Drummond Company Vice President of Government and Regulatory Affairs DAVID LYNN ROBERSON guilty of bribing former Alabama Rep. Oliver Robinson to advocate their employers’ opposition to EPA’s prioritization or expansion of the north Birmingham Superfund site. The bribe came in the form of a lucrative consulting contract that paid Robinson $360,000 through his Oliver Robinson Foundation, a non-profit organization, between 2015 and 2016.

Drummond Company was a client of the Birmingham-based Balch & Bingham law firm.

Robinson pleaded guilty in September to the conspiracy, bribery, wire fraud, and tax evasion.

“This case was not about the EPA. This case was not about pollution. This was a case about greed at the expense of too many,” Town said. “The findings of guilt for these three individuals, by trial or plea, should forewarn anyone who would be corruptly motivated to act in similar unlawful interest. Voters deserve public officials who seek to represent them honestly and fairly. When elected officials, corporate executives or their lawyers violate our federal laws, they should expect to suffer the fate of these three guilty defendants. We appreciate the dedication of the federal agencies that worked tirelessly on this case.”

“Public corruption continues to be the top criminal priority for the FBI and those who violate the public's trust must be held accountable,” Sharp said. “As long as corruption and greed exists, the FBI will work to bring them to the bar of justice.”

EPA had designated an area of north Birmingham, including the neighborhoods of Harriman Park, Fairmont and Collegeville, as a Superfund site after finding elevated levels of arsenic, lead and benzo(a)pyrene during soil sampling. In September 2013, EPA notified five companies, including Drummond-owned ABC Coke, that they could potentially be responsible for the pollution. Such a finding could have cost the company tens of millions of dollars in cleanup costs and fines.

In September 2014, EPA proposed adding the site, designated the 35th Avenue Superfund Site, to its National Priorities List, signaling that it required priority attention. Placement on the priorities list would have allowed EPA to use the federal Superfund Trust Fund to conduct long-term cleanup at the site, provided the State of Alabama agreed to pay 10 percent of the costs. EPA also was considering the petition of a Birmingham advocacy group, GASP, to expand the site to the Tarrant and Inglenook neighborhoods.

According to evidence at trial, Gilbert and Roberson were intent on protecting ABC Coke and Drummond from the tremendous potential costs associated with being held responsible for pollution in the 35th Avenue site. As part of their strategy to accomplish that goal, they began working to prevent expansion of the site or its placement on EPA’s priority list.

The defendants hired Robinson, whose legislative district adjoined the Superfund site, to persuade north Birmingham residents and governmental agencies to oppose EPA’s actions. According to documents and testimony, Balch made the payments to Robinson’s foundation, and then invoiced Drummond or the Alliance for Jobs and Economy, a tax-exempt organization whose account the defendant controlled, for reimbursement. At Gilbert’s and Roberson’s request, the invoices Balch sent to Drummond and to AJE were scrubbed of any reference to the Oliver Robinson Foundation.

One of Robinson’s first tasks was to appear before the Alabama Environmental Management Commission and the director of the Alabama Department of Environmental Management in February 2015 to advance the opposition to EPA’s plan. Robinson urged the AEMC to “narrow the list” of parties potentially responsible for the pollution in north Birmingham and argued that the Superfund designation or placement of the NPL could harm property values of residents in the area.

Robinson went before the AEMC as a state legislator and concealed from its members that Balch & Bingham and Drummond were paying him to represent their interests, according to testimony and other evidence.

Robinson also failed to inform EPA officials in an earlier meeting that he was working for Drummond and Balch & Bingham. Gilbert provided Robinson with talking points for that meeting, which Robinson secretly recorded and then provided the recording to Gilbert, according to testimony.

Evidence also showed that, in June 2015, Robinson voted, as a member of the Alabama House Rules Committee, to send to the floor an anti-EPA resolution that Gilbert had drafted. Gilbert prepared the resolution for the Alabama legislature knowing that Robinson would have a vote on it, at a time when Robinson’s foundation was working on a retainer contract with Balch.

*Statement from Drummond Co. Inc.

We are disappointed by the jury’s decision to convict our employee, David Roberson. While we respect the judicial process, we consider David to be a man of integrity who would not knowingly engage in wrongdoing. When an environmentalist group raised allegations regarding our operations in the Birmingham area, Drummond responded by hiring one of Alabama’s most well-respected environmental law firms. As testimony in the trial showed, we were assured the firm’s community outreach efforts on our behalf were legal and proper